Srinagar: The Ministry Of Home Affairs on Wednesday said that as per the adapted land laws of Jammu and Kashmir, the government can allow transfer of agricultural land for public purposes such as education, charitable purpose and healthcare.
“After 5th August, 2019, all provisions of the Constitution of India have been made applicable to the Union Territory of Jammu and Kashmir (J&K) which necessitated changes in existing laws in Jammu and Kashmir by Adaptation Orders so as to conform with the provisions of the Constitution of India,” Minister of State in the Ministry Of Home Affairs, Nityanand Rai said in a written reply.
“As per the adapted land laws of Jammu and Kashmir, the Government may, by notification in the official gazette, allow transfer of land, for public purposes such as education, charitable purpose and healthcare.”
He was responding to a question by Congress MP Akhilesh Prasad Singh in Rajya Sabha whether the Government has altered the land laws of Jammu and Kashmir (J&K) wherein no domicile or permanent resident certificate is required to purchase non-agricultural land in the J&K.
To another question on whether the historic Jammu and Kashmir Big Landed Estates Abolition Act, 1950 has been abolished which led to the radical redistribution of land which paved way for rural prosperity and ended landlordism in J&K, the minister said: Under the Jammu and Kashmir Big Landed Estates Abolition Act, 1950, the land was transferred to the tillers. The Act also prescribed a limit to the right of ownership of 182 standard kanals (22.75 acres).”
However, he said, this Act has been repealed and there is another legislation i.e. The Jammu & Kashmir Agrarian Reforms Act, 1976, for transfer of land to tillers which is in force. This Act prescribes ceiling restriction of 100 standard kanals (12.5 acres).
The changes in the land laws were cleared by the Centre on October 26, 2020 under the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, less than a week before its powers to independently amend the J&K Re-Organisation Act, 2019 would cease to exist.
Through the order, the government repealed 12 J&K laws, including the historic land reform laws, and amending 14 others, some of which dealt exclusively with the sale and purchase of land.
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